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ORDER granting 45 Joint Motion to Dismiss. Action is dismissed w/ prejudice pursuant to the parties' stipulation. All pending motions are denied as moot. Clerk shall close the case. Signed by Judge Irma E. Gonzalez on 3/10/2010. Case is closed. (All non-registered users served via U.S. Mail Service)(jah) (av1).

ORDER denying as moot Defendant's 32 Motion to Dismiss; denying as moot Defendant's 33 Motion for Summary Judgment. Court construes Pla's document 36 as a motion to amend and grants Pla leave to file second amended complaint. Cle rk directed to file Pla's Second Amended Complaint attached as Exhibit 1 to Pla's 36 Table of Contents for Exhibit of 2nd Amended Complaint. Pla is cautioned that absent exceptional circumstances, no additional leave to amend will be granted until Court can consider the Second Amended Complaint on its merits. Signed by Judge Irma E. Gonzalez on 2/2/2010. (All non-registered users served via U.S. Mail Service)(jah)(jrl).

ORDER denying Plaintiff's 2 Motion for Leave to Proceed in Forma Pauperis; Denying w/o prejudice as moot 3 Motion to Appoint Counsel. Pla directed to pay filing fee w/in 20 days of the filing of this Order. Pla cautioned that failure to pay filing fee will result in dismissal of the action. Pla may renew motion for appointment of counsel upon payment of the $350 filing fee. Signed by Judge Irma E. Gonzalez on 8/6/2009. (All non-registered users served via U.S. Mail Service).(jah) (jrl).

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